In cases of traffic accidents involving uninsured vehicles—i.e., vehicles for which no insurance coverage exists to cover damages caused by a traffic accident, either because the owner never insured the vehicle, failed to renew its insurance, or because the insurance company in which the vehicle was insured lost its operating license or went bankrupt—the owner of the damaged vehicle is required to direct their claims to the organization known as the “Hellenic Motor Insurance Liability Guarantee Fund” (Epikouriko Kefaleo Asfalisis Efthynis apo Atychimata Aftokiniton), in order to pursue compensation for the traffic accident, following a specific legal pre-procedure. If this pre-procedure does not produce results, the injured party may then pursue their claims in court by filing a lawsuit against the Guarantee Fund.
Due to the particularly difficult situation, especially financially, in which a victim of a traffic accident involving an uninsured vehicle finds themselves, a compensation mechanism has been established to address the need to compensate the injured party. This is done through an organization created specifically to compensate victims of traffic accidents whose claims against insurance companies are impossible to fulfill for the reasons mentioned above, namely in the case of an accident involving an uninsured vehicle.
The uninsured vehicle responsible for a traffic accident, as a case of urgent need to restore damages caused, is covered by this organization, the Hellenic Motor Insurance Liability Guarantee Fund, which provides compensation for cases of death, bodily injury, and, under certain conditions, property damage.
It is worth noting that under Article 19, §8 of Law 489/1976 (as amended by Article 4(d) of Law 4092/2012), in cases of traffic accidents where the Guarantee Fund is legally liable, the submission of a written claim for compensation to the Fund by the injured party is mandatory. This submission is a prerequisite for the admissibility of any subsequent lawsuit against the Fund. Specifically, according to paragraph 8 of Article 19 of Law 489/1976 (as added by paragraph d of Article 4 of Law 4092/2012), a lawsuit against the Guarantee Fund is admissible only if the claimant has first submitted a written claim for compensation, attaching all documents supporting the claim. The Guarantee Fund is obliged to respond in writing within three months from the submission. Only after receiving the Fund’s response—or upon the expiration of the three-month period without a reply—can the injured party file a lawsuit against the Guarantee Fund.
Therefore, in the event of a traffic accident involving an uninsured vehicle, the injured party is required to direct their claim to the Guarantee Fund in order to receive compensation, first following the legally prescribed pre-procedure outlined above.
